Re: [dvd-discuss] Report on Sec. 109 and 117 out

["John Zulauf" <johnzu(at)ia.nsc.com>]

Wendy Seltzer wrote:
> 
> As reported by Reuters, the Copyright Office' released its report on first
> sale and archival copying today.
> <http://dailynews.yahoo.com/h/nm/20010829/wr/tech_copyright_dc_1.html>
> 
> The report:
> <http://www.loc.gov/copyright/reports/studies/dmca/dmca_study.html>
> doesn't appear to think that anticircumvention poses a problem for first
> sale, but has some concerns about calling buffered streaming audio a
> copy.  Several dvd-discussants submitted comments that were considered in
> the report.


This is maddening.  They heard it all... and shrugged it off.

"The practice of using technological measures to tether a copy of a work
to a particular
hardware device does not appear to be widespread at the present time, at
least outside the context of electronic books."

and who care about the public's right to read books ... HELLO?????

"We understand through informal discussions with industry that this
technique is – or at least can be – employed in some cases with
electronic books using digital rights management (DRM) technology. Given
that DRM is in its relative infancy, and the use of DRM to tether works
is not widespread, it is premature to consider any legislative change to
mitigate the effect of tethered works on the first sale doctrine."

They commit the ultimate blunder regarding the deployment of new
technologies and formats. They consider that this isn't import until it
is widespread.  DUH!!! Once it a fait accompli and there's nothing that
can be done about it.  Once this stuff gets into silicon -- the public
is screwed.  Once the bulk of the works are tethered they cannot be
unchained.


"Nevertheless, we recognize that if the practice of tethering were to
become widespread, it could have serious consequences for the operation
of the first sale doctrine, although the ultimate effect on consumers of
such a development remains unclear."

They admit it affect first sale -- and then ignore that EVERYTHING
on-deck CPRM/CPSA et. al. is ALL ABOUT tethering. Laughably they state
that the effect of tethering is "unclear."  Might as well argue that the
effect of chain books to libraries, or a "literacy test" in order to
vote is "unclear."

Then it becomes clear. We're not citizens, we're consumers -- of course
our RIGHTS don't come into play.  The conclusions just worry about how
this affects publishers and consumers.  The bill of rights... what's
that?  "What a brave new world that has such people in it" WS.

"A gram is better than a damn." "SOMA! SOMA! SOMA!"  -- AH